Revolutionary War Pension and Bounty Land Warrant Application File S. 877, Benjamin Gildersleave, New Jersey

SERVICE
NUMBER
New Jersey
Gildersleaves, Benjamin
S 877
Carded
CONTENTS

Nov 17. 1888 New Jersey
Benjamin Gildenkeane Ches Co in the State of N. Jersey who was a Pirate in the Company commanded by Captain Pierson of the Regt commanded by Col Vanbrunt in the N. J. Line for 12 mos.
Enscribed on the Roll of New Jersey the rate of $43 Dollars 33. Cents per annum, commence on the 4th day of March, 1831.
Certificate of Pension issued the 8 day of August 1833 and sent to L. Condit. Present
arrears to the 4th of March 1833. $86. 66 Pemi-ant. allowance ending Sept 21. 66
$108.32
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by E. D. Bullon Clerk, Book Vol. 3 Page 112
112

Date of death not in A.B.

Wm Gildersleeve
Declaration of Benjamin Gildersleeve
15-7-18
Coor

State of New Jersey Essex County ss
On the nineteenth day of September 1852 Personally appeared in open Court before The Judges of The Court of Common Pleas
now sitting Benjamin Geldersleaver a resident of the Township of Springfield County of Essex & State of New Jersey Aged Sixty Nine Years the tenth day of June last past born in the year of our Lord one thousand seven hundred & eighty three June 10 th who being first sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed the 7 th day of June 1832 That he entered the service of the United States under the following named officers served as herein stated
That in June in the year 1779 being sixteen years of age was in-rolled in Capt Isaac Root's Company of Militia a private soldier - his Company being divided into Clares performed one months tour of duty in Newark under Captain Josiah Pierson at the expiration of that month enlisted a private soldier for one year in the Company raised & commanded by Capt John Bennett of the Township of Newark Essex County Anthony Brown Lieut & John Speer in Col Phillips Van Courtlandt Regiment Samuel Dey Major of first Batt n John Grose Orderly Sergeant Continued under the Command of the above officers, Continued in Service during the year guarding the Lines & at the end of the year was dismissed at Newark where enlisted without any written discharge Cannot find any person living that can testify to his Service excepting Jacob Edwards whose affidavit is annexed
He hereby acknowledges every Claim whatsoever to a pension or annuity except the present & declares that his name is not on the pension Rolls of the agency of any State or Territory to his knowledge
Sworn to & Subscribed this day of year aforesaid
his Benjamin Geldersleaver mark
Sam l V. Miller Judge
[Handwritten flourish]

We Stephen Grover a clergyman residing in the County of Essex and William Gould residing in the same hereby certify that we are well acquainted with Benjamin Gildersleeve who has subscribed and sworn to the above declaration that we believe him to be sixty three  nine years of age the 10 th day of June last past that he is reputed and believed to be in the neighborhood where he resides to have been a soldier of the revolution & we concur in that opinion
Sworn and subscribed to the day & year aforesaid
Stephen Grover William Gould
Sam d B. Miller Judge
And the said Court do hereby declare their opinion after the investigation of the matter & after putting the interrogatories prescribed by the war department that the above named Applicant was a Revolutionary soldier & served as he states, And the Court further certifies that it appears to them that Stephen Grover who has signed the preceding certificate is a clergyman resident in said County of Essex and that William Gould who has also signed the same is a resident in the same place is a credible person & that their statement is entitled to credit By order of the Court - E. W. Russell Clerk
I Elias W. Russell Clerk of said Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of Benjamin Gildersleeve for a Pension
And I do further certify that William Gould before whom the annexed Affidavit of Jacob Eden was made taken at the time of taking the same was & still is a Justice of the Peace in & for said County of Essex & that the name "William Gould" subscribed to said Affidavit is his genuine signature
In Testimony Whereof I have hereunto set my hand & seal of office this tenth day of October A.D. Eighteen hundred & thirty two
E. W. Russell Clerk

State of New Jersey } On the seventeenth day of August in the year Essex County ss } of our Lord one Thousand eight hundred and thirty two personally appeared before me William Gould one of the Justices of the peace in & for the County Jacob Edwards who being first sworn according to Law on his oath deposes that Benjamin Gilderleaves of the Township of Springfield County of Essex did in the year 1780 sometime in the summer season enlist himself a private soldier for one year in the service of the United States under the command of John Burnet Captain of Newark Essex County Anthony Boozon Lieut John Speer Ensign John Grose orderly sergeant with deponent in the same Company & in the same mess together during the whole period of his service & to deponent certain knowledge was a good & faithful soldier in said company during the term of one year and at the expiration thereof in Newark the place where he enlisted & further this deponent saith not
Sworn & subscribed the } Jacob. his J. Edwards day & year aforesaid } mark
William Gould
I William Gould Justice of the peace in and for the County of Essex do hereby certify that I am well acquainted with Jacob Edwards who has subscribed the above affidavit, that he is a man entitled to Credit, is a Revolutionary soldier & obtain a pension & have no doubt of his statement being strictly true
Given under my hand & seal at Caldwell June 27 th 1832
William Gould

No 15718 Benjamin Gildersleeve Essex County New Jersey
Book on New Jersey role
Return a i f m
admit
1 year 1 m per mto
$43.33
Dr. S. G. Cardin
Theodore Frelinghuysen Newark New Jersey.

WAR DEPARTMENT,
Pension Office,
21 st May - 1883
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Benjamin Gildersleeve, Essex County New Jersey
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Served June 1779 - 1 - private Capt Pierson 69 years Newark Traditionary evidence, Clugmans Certificate, Witness certified credible   Col. 1779 1 - - private Capt Burnet, Colonel Vancortland 69 years New Jersey one living Witness - papers not properly attached  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops. 2. The State Troops, Militia, and Volunteers. 3. Persons employed in the Naval Service. 4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
 [Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] 
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
' A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of _____ &c.
 If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the [blank] and that C. D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this                      day of                      &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (1) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
□ The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

November 27, 1937
Benjamin Gildersleeve S. 877 BA-J/AWF Am
Mrs. Edward L. Clark 2514 N. E. 38 Avenue Portland, Oregon
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War and War of 1812 records of Benjamin Gildersleeve, Senior and Junior, and General Arcularius.
The Revolutionary War and War of 1812 records of this office have been searched and no claim for pension found based upon the service of a soldier with surname Arcularius, nor do the War of 1812 records show a claim for pension on file on account of the service of Benjamin Gildersleeve or Gildersleave or Gildersle-
The record of Benjamin Gildersleeve furnished herein was obtained from papers on file in pension claim, S. 877, based upon his service in the War of the Revolution. This is the record of the only Benjamin Gildersleeve found on file in the Revolutionary War records of this office; the surname was searched under similar spellings.
Benjamin Gildersleeve (as the name is shown in the claim) was born June 10, 1763, place not given, nor were the names of his parents stated.
Benjamin Gildersleeve enlisted, place not shown, sometime in June, 1779 or 1780, served one month as a private in Captain Josiah Pierson's New Jersey company; at the expiration of this service, he reenlisted and

served one year in Captain Josiah Burnett's company, Colonel Philip Van Cortland's New Jersey regiment.
The soldier, Benjamin Gildersleave, was allowed pension on his application executed September 19, 1832, at which time he was living in Springfield Township, Essex County, New Jersey.
The papers on file in this claim contain no reference to his family.
In order to obtain the date of last payment of pension, name and address of person paid, and possibly the date of death of this pensioner, you should apply to The Comptroller General, General Accounting Office, Records Division, Washington, D. C., and furnish the following data-
Benjamin Gildersleave Certificate # 17188 Issued August 8, 1833 Rate $43.33 per annum Commenced March 4, 1831 Act of June 7, 1832 New Jersey Agency.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

1937 Nov. 27 - list to Mrs. S. P. Clark
New York
INVALID.
File No.
8744
Benjamin Gildersleeve
Prof. N.Y. Univ.
Act:
June 7 1882
Index: - Vol.
a
, Page
141
[Arrangement of 1870.]
✓

Benjamin Gilansleaves
$43,33
August 8 th , 33
Payments to be made at Trenton
by Res: of First Bank Compa Agent for paying Pension- ers, in the Agency of
New Jersey
877
Recorded in the Pension Of- fice, in Book C Vol. 3
Page 112 by E D Bullock Clerk.

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Benjamin Gilderleave of the State of New Jersey who was a Private during the Revolutionary War
is entitled to receive Forty Three dollars and Thirty Three cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
GIVEN at the War Office of the United States, this — 8 — day of August one thousand eight hundred and thirty- Three
Exam. Counter
J. Edwards
Commissioner of Pensions.

Sept 16. 1833 Paid to Sept 4 1833 Mar 6. 1834 Paid to Mar 4 1834 Sept 15. 1834 Paid to Sept 4. 1834 Mar 9 1835 Paid to Mar 4 1835 Sep 11 1835 Paid to Sep 1 1835 Mar 12 1836 Paid to Mar 4 1836 Sep 7 1836 Paid to Mar 4 1836
Nov 17. 188
sk